WHS prosecution reinforces shared duties in on-hire arrangements
SafeWork NSW v Galvatech Pty Ltd [2025] NSWDC 73
Decision delivered: 21 March 2025
This article focuses on the recent prosecution of Galvatech Pty Ltd, the host business in an on-hire arrangement, for breaching its WHS duties. SafeWork NSW has confirmed it is also prosecuting BI Australia, the on-hire firm involved in the same incident.
The case reinforces what the law makes clear: WHS duties are not transferrable. They are jointly held.
Galvatech engaged BI Australia, an on-hire firm, to place workers at its site. One of those workers, operating a forklift without a High Risk Work Licence, struck another on-hire worker, causing serious injuries. Galvatech had licence checks in place for its own employees but did not extend that process to on-hire workers. It also lacked a site-specific traffic management plan, provided no task-specific training or supervision, and did not consult with BI Australia about forklift-related risks.
The company was convicted and fined $225,000, plus $40,000 in costs.
The Court’s Findings on BI Australia’s Role
The Court outlined several key failures by BI Australia as the on-hire provider. BI Australia did not:
Inquire, nor have a process of inquiry, with the defendant in relation to health and safety risks prior to placing MC at the site
Undertake risk assessment in relation to the operation of forklift trucks, including when the forklifts are not operating correctly and/or being operated by unlicensed operator
Assess or request that the defendant assess the workers’ competency to operate forklift trucks at the site or provide training or instruction to the workers relating to the nature of their work
Undertake a comprehensive risk assessment of the site, extending to the risks of operating forklift trucks
These findings reflect a failure to meet key obligations that had been clearly set out in available guidance material.
SafeWork NSW has confirmed it is separately prosecuting BI Australia in relation to the same incident, and the outcome is yet to be determined.
The Court also referenced the Labour hire: duties of persons conducting a business or undertaking guide, published by Safe Work Australia in 2020, which was publicly available prior to the incident. It outlines clear expectations for both hosts and on-hire firms, including verifying licences, understanding site risks, and consulting with each other before placements.
At Risk Collective, what we see in this case is that nothing raised in relation to Galvatech’s approach to on-hire worker safety, or in what the Court outlined about BI Australia’s role, sits outside what is already covered in the existing guidance material. When we work with on-hire clients, we focus on practical ways to bring that guidance to life. That includes having a clear job order process, understanding the role and any risks involved, and carrying out client WHS evaluations, along with other steps that help ensure each placement is safe and well understood.
How Risk Collective Can Help
At Risk Collective, we specialise in WHS for on-hire businesses. We offer training, support, and practical advice, including reviewing and updating existing WHS processes. We have a range of services available, so the best first step is to reach out for a discovery call.